Introduction: The Evolving Role of Experts and Witnesses in Saudi Arbitration
As Saudi Arabia accelerates its transformation into a global business and investment hub under the Vision 2030 initiative, the legal landscape governing dispute resolution, particularly arbitration, has witnessed profound reforms. Among the most critical elements in arbitration are the rules and practices concerning the appointment, roles, and responsibilities of experts and witnesses. These dynamics not only shape the evidentiary process but also significantly influence outcomes for businesses, investors, and legal practitioners operating in the GCC—especially those within the UAE, where cross-border commercial activities with Saudi counterparts are increasingly prominent.
Recent updates to Saudi arbitration regulations, as well as evolving practices observed across the region, demand a sophisticated understanding among executives, HR professionals, and in-house counsel. This is particularly relevant as UAE-based businesses navigating Saudi arbitration often require robust compliance strategies, risk mitigation, and forward-thinking legal advice to protect their interests.
In this guide, we deliver a consultancy-level analysis of the latest regulatory and practical developments concerning experts and witnesses in Saudi arbitration. Drawing comparisons with UAE and broader GCC best practices, we deliver actionable recommendations and practical insights, ensuring readers are fully equipped to manage legal exposure and capitalise on opportunities in this vital area of dispute resolution.
Table of Contents
- Regulatory Framework Governing Experts and Witnesses in Saudi Arbitration
- Appointment and Powers of Experts in Saudi Arbitration
- Witnesses and Evidentiary Rules: Processes and Challenges
- Comparative Analysis: Saudi and UAE Arbitration Practices
- Practical Challenges and Case Studies
- Risks of Non-Compliance and Recommended Compliance Strategies
- Looking Ahead: Shaping Best Practices in the GCC
- Conclusion
Regulatory Framework Governing Experts and Witnesses in Saudi Arbitration
Saudi Arbitration Law: Key Provisions
The modern Saudi arbitration regime is chiefly governed by the Saudi Arbitration Law promulgated by Royal Decree No. M/34 dated 24/05/1433H (corresponding to 16 April 2012) and its Implementing Regulations (the “Saudi Arbitration Law” or “SAL”). Drawing inspiration from the UNCITRAL Model Law, the Saudi Arbitration Law now offers a more flexible, internationally aligned foundation for both domestic and cross-border disputes.
Among its many innovations, the Law devotes specific attention to the role of experts and witnesses—a recognition of their growing significance, especially in increasingly technical or high-value disputes.
Key Legal Provisions
| Provision | Summary |
|---|---|
| Article 31 | The arbitral tribunal may appoint one or more experts to report on specific issues determined by the tribunal. |
| Article 32 | Parties are obligated to facilitate the expert’s work, including providing relevant information and documentation. |
| Article 33 | Experts may be required to participate in hearings and answer questions posed by the tribunal or parties. |
| Article 34 | The tribunal may permit expert witnesses nominated by the parties, subject to procedural rules. |
Official Source: Saudi Arbitration Law (Royal Decree No. M/34), Riyadh Chamber of Commerce and the Saudi Center for Commercial Arbitration (SCCA) guidelines.
Relevance to UAE Stakeholders
With the increasing convergence of Saudi and UAE arbitration regimes—both adhering to the Model Law framework and strengthening institutional capabilities—UAE entities engaging in arbitration seated in Saudi Arabia, or subject to its rules, must meticulously understand these provisions to efficiently marshal evidence and protect their legal interests.
Appointment and Powers of Experts in Saudi Arbitration
Appointment Mechanisms Under the Saudi Arbitration Law
The Saudi Arbitration Law offers considerable flexibility in appointing experts, with both tribunals and parties wielding authority:
- The tribunal may unilaterally appoint technical experts if the subject matter involves specialized expertise (e.g., construction delays, forensic accounting, engineering faults).
- Parties may, by agreement, nominate experts for approval by the tribunal, provided that impartiality and qualification thresholds are maintained.
- Experts may serve in either a tribunal-appointed (neutral) or party-appointed (adversarial) role.
This system aims to enhance procedural fairness, limit bias, and ensure optimum technical assessment of contentious matters.
Authority and Remit of Appointed Experts
The powers granted to experts under the Law include:
- Access to documents and site visits integral to the matter under arbitration.
- The right to request written or oral clarifications.
- Issuance of detailed, independent reports used as evidence in proceedings.
- Direct questioning by the tribunal or parties in hearings.
Notably, the SCCA has published model procedural orders to assist parties and tribunals in structuring clear mandates for experts, addressing issues such as conflicts of interest, confidentiality, and scope of engagement.
Case Example: Construction Arbitration Scenario
| Scenario | Expert Appointment | Impact |
|---|---|---|
| Delay claim in a large infrastructure project | Tribunal appoints independent forensic scheduler | Expert quantifies delay responsibility, reducing evidentiary disputes and parties’ legal costs |
Practical Tip: Structured and transparent appointment of experts—ensuring clarity of their remit—is essential for minimizing procedural objections and challenges to award enforcement, both within Saudi Arabia and overseas active jurisdictions such as the UAE.
Witnesses and Evidentiary Rules: Processes and Challenges
Witness Testimony: Legal Basis and Evolving Practices
While the Saudi Arbitration Law draws from established Sharia principles, it explicitly provides for the admissibility of contemporary witness evidence, including both written witness statements and in-person testimony.
Key rules include:
- Testimony may be provided by fact witnesses (with first-hand knowledge) or expert witnesses (delivering opinions on technical matters).
- The tribunal exercises discretion to weigh credibility, relevance, and necessity.
- Witnesses may be examined, cross-examined, and re-examined to ensure probity.
- Recent procedural reforms prioritise the efficiency of evidence submission, allowing virtual hearings and remote witness participation when justified.
Offensive or improper attempts to coach witnesses, or the submission of unreliable evidence, risk adverse findings, including the potential refusal to enforce arbitral awards.
Guidance in Cross-Border Arbitrations
In practice, sophisticated cases—such as technology licensing disputes or major commercial contracts—often involve cross-examination of multiple expert and fact witnesses. UAE businesses facing Saudi arbitration should prepare witness statements and expert reports in accordance with international best practices, ensuring compliance with applicable Saudi procedural protocols.
Suggested Visual: Arbitration Witness Flow Diagram
(Suggested Visual: A process flow diagram illustrating the procedural steps for presenting witness testimony and expert evidence in Saudi arbitration—from pre-arbitration disclosure through to hearing and post-hearing briefing.)
Comparative Analysis: Saudi and UAE Arbitration Practices
Regulatory Frameworks: A Side-by-Side Comparison
| Aspect | Saudi Arbitration Law (SAL) | UAE Federal Arbitration Law (Federal Law No. 6 of 2018; as amended) |
|---|---|---|
| Expert Appointment | By tribunal or parties, with tribunal discretion | Similar provisions; nomination by parties subject to tribunal approval |
| Expert Evidence | Tribunal-appointed, party-appointed, or both | Same; allows both forms of expert involvement |
| Witness Examination | Permitted, subject to tribunal control; written and oral allowed | Permitted as of 2018 law; increasingly accepted in practice |
| Virtual Hearings | Allowed if agreed or ordered by tribunal | Explicitly permitted post-2021 COVID-19 reforms |
| Enforcement | Limited scope of challenge on evidentiary grounds | Similar; enforcement streamlined by amendments |
Visual Aid:
(Table above summarises comparative legal requirements for arbitration experts and witnesses in Saudi Arabia and the UAE)
Key Similarities and Differences
- Both Saudi and UAE regimes prioritise procedural flexibility but require rigorous disclosure of expert credentials and methodologies.
- The UAE, benefiting from a more established arbitration infrastructure, sometimes allows broader admissibility of external expert reports.
- Saudi rules require careful attention to Sharia-based evidentiary standards, particularly on issues of witness capacity (e.g., gender, age, religious qualification) in certain cases.
Why This Matters for UAE Executives
UAE business leaders anticipating dispute resolution in Saudi Arabia should anticipate subtle yet significant distinctions and ensure their legal advisers have proven experience with both statutory regimes and cultural nuances.
Practical Challenges and Case Studies
Common Pitfalls in Expert Testimony
- Inadequate Expert Vetting: Failure to properly assess an expert’s independence, qualifications, or conflicts of interest can result in challenges to their evidence and undermine a tribunal’s award.
- Incomplete Scope of Instruction: When a tribunal or parties fail to articulate a detailed mandate, experts may deliver ambiguous or irrelevant findings, adversely impacting the outcome.
- Non-Compliance with Procedural Orders: Disregarding deadlines or disclosure obligations risks exclusion of expert reports or witness statements.
- Cultural and Linguistic Barriers: Discrepancies in language, technical standards, and presentation styles can hinder effective communication and credibility.
Hypothetical Example: Financial Dispute in Joint Venture
A UAE-based investor in a Saudi healthcare venture enters arbitration in Riyadh following a contractual dispute over profit allocation. The parties appoint rival accounting experts, but the tribunal—concerned by apparent partiality—appoints its own neutral expert. The neutral’s forensic report, grounded in local accounting standards and bilingual analysis, is ultimately decisive and incorporated into the final award, which is swiftly enforced in both jurisdictions.
Lesson:
This case highlights the importance of embracing transparency, robust appointment processes, and procedural compliance—factors which are as vital as the expert’s own technical knowledge.
Risks of Non-Compliance and Recommended Compliance Strategies
Legal and Commercial Risks
- Evidence Exclusion: Non-compliance with procedural rules regarding expert appointment or witness testimony may result in exclusion of pivotal evidence.
- Challenges to Award Enforcement: Flaws in expert reports or evidence presentation may jeopardize the enforceability of arbitral awards in Saudi Arabia, the UAE, or internationally.
- Reputational Damage: Procedural missteps or allegations of bias can impact a business’s standing, both with counterparties and regulatory authorities.
- Liability Exposure: Legal liability for negligent or misleading expert or witness evidence.
Proactive Compliance Strategies for UAE Stakeholders
| Strategy | Practical Action |
|---|---|
| Early Case Assessment | Engage legal counsel and prospective experts early to identify and clarify technical evidentiary issues. |
| Due Diligence on Experts | Confirm track record, independence, and conflict-free status for all experts and witnesses slated for appointment. |
| Procedural Protocols | Align with SCCA or DIAC model orders and agree to protocols for disclosure, deadlines, and communications. |
| Document Production | Prepare and organise factual materials to facilitate expert review and effective party submissions. |
| Training & Preparation | Offer cross-cultural orientation and mock examinations to witnesses prior to hearings. |
Suggested Visual: Compliance Checklist
(Suggested Visual: A comprehensive checklist graphic highlighting steps for expert appointment and evidence preparation in Saudi and UAE arbitration.)
Looking Ahead: Shaping Best Practices in the GCC
Anticipated Legal Reforms and Market Trends
Saudi Arabia continues to refine its Saudi Arbitration Law to attract foreign investors and position itself as an arbitration-friendly jurisdiction. Anticipated amendments will likely further liberalise the rules on evidence, recognise international expert qualifications, and encourage greater harmonisation with UAE law and internationally accepted standards.
For UAE businesses, this means:
- More predictable, enforceable outcomes for cross-border disputes.
- Increasing reliance on technical experts for complex matters such as energy, infrastructure, fintech, and healthcare.
- Opportunities to resolve high-value or sensitive disputes through more efficient, confidential processes.
Staying ahead of these developments, through strategic partnerships and updated internal policies, is crucial for UAE entities engaged in regional commerce.
Conclusion
The integration of expert and witness evidence into Saudi arbitration proceedings is no longer a procedural afterthought—it is a cornerstone of modern dispute resolution, with profound consequences for case management, award enforceability, and commercial outcomes. Recent reforms and international engagement are reshaping the rules of the game, making it imperative for UAE businesses and legal advisers to implement rigorous, proactive approaches that ensure compliance and evidentiary strength.
In summary:
- Rigorous vetting of experts and witnesses, coupled with an acute understanding of Saudi and UAE legal protocols, is essential.
- Non-compliance exposes businesses to tangible legal, financial, and reputational risks, particularly in cross-border matters.
- Regular review of emerging legal updates and close coordination with experienced counsel remain best practice for maintaining competitiveness and mitigating risk in the GCC region.
As the arbitration landscape evolves, those who invest in robust procedural strategies and expert evidence management will be best positioned to safeguard their interests while capitalising on the region’s dynamic opportunities.